Green Card Lawyers

Green cards are direct immigrant visas that allow foreigners to gain permanent resident status in America. But applying for one is costly, time-consuming and often difficult. Filing for and obtaining one from Canada typically takes 12 to 18 months – provided you don’t run into problems.

Before you put yourself through the process, our lawyers at Border Solutions can help you evaluate the most important initial question surrounding green cards: Do you actually need one for your situation and goals?

Analyzing Your Needs – Green Card Or Not?

Every week, our firm receive inquiries from Vancouver residents who think they need a green card when, in fact, many of them do not. Part of how we create value for our clients is by analyzing their true immigration needs and determining which path accomplishes the goal in the most optimal way.

If, in your case, that involves filing for a green card, then we’ll guide you through the process. If not, we’ll let you know the alternatives that could meet your goals – in many cases, more quickly and at less expense.

Often, all it takes is a streamlined prescreening consultation to determine the best route. Our lawyers will run through all your options by considering such questions as:

• Are you planning to work in the U.S.?
• How long do you plan to stay?
• How soon do you need to be in the U.S.?
• Do you really need an immigrant visa or will a nonimmigrant work visa suffice?
• If you need a green card, which category best suits your needs?

What is Adjustment of Status?

Adjustment of status (AOS) allows individuals who are already in the United States to apply for their green card without leaving the country. This is a common way for those in the U.S. already on a valid visa to apply for permanent residency and obtain their green card. Adjustment of status can be used by individuals with both employment-based (EB) visas and family-based sponsorship visas.

To obtain your green card through AOS, you’ll need to file your initial petition (for family or employment sponsorship), or petition approval notice, and your AOS application together. AOS can include parallel applications for work and travel permits, and processing times for those applications can vary.

AOS can have significant advantages for applicants, as they are allowed to stay in the U.S. while awaiting approval and receive interim benefits in the meantime. For example, you may be allowed to continue working while you wait for a decision.

While AOS can be beneficial, there are also important timing considerations and eligibility requirements, which must be properly vetted. Depending on the circumstances, there may be a period of time during which the applicant is not permitted to leave the United States without their application being considered abandoned. Anyone considering AOS would benefit from working with our team of experienced US immigration attorneys to avoid common pitfalls and ensure their eligibility.

What is a Consular Green Card?

A consular green card is processed outside the U.S. through a U.S. consulate or embassy in a foreign country. Consular green cards must be obtained when the applicant lives abroad and is therefore ineligible to file for adjustment of status. It should be noted that the rights and privileges granted by a consular green card are the same as any other. Although consular green cards are not as common when it comes to employment-based applicants, they are often used in family-based petitions.

Once you file your underlying petition in the U.S. and it is approved, your case will be sent to the nearest consulate. From here, you will need to submit all appropriate documentation and may need to attend a visa interview at the consulate. Once your permanent residency is approved, you’ll be issued a visa stamp, and your green card will be mailed to you after you enter the U.S.

Travelling to the U.S. as a visitor while your consular green card application is pending can be risky due to concerns about immigrant content. U.S. Customs and Border Protection may deny entry if they believe you intend to stay permanently, especially sending a pending immigrant petition suggests long-term plans. Even visa-exempt individuals, like Canadians, must demonstrate strong ties to their home country and a clear intent to return. Attempting to enter the U.S. during this time could jeopardize the green card process or lead to allegations of misrepresentation. Consulting with our team of immigration attorneys before travelling is strongly recommended to facilitate successful entry as a visitor while your consular green card is pending.

Get Professional Advice On Your Immigration Goals Today

Before going down the long path towards a green card, make sure you really need one. If not, find out what better options may exist for you. Arrange a talk with our lawyers today. Call 604-684-4211 or fill in our online form and have our office contact you.